Loading...
Appoint J.P. Anderson as the Public Health & Social Services Director BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON APPOINTING J P ANDERSON AS THE ) RESOLUTION NO 19- i4 PUBLIC HEALTH &SOCIAL SERVICES DIRECTOR ) WHEREAS, the position of Public Health & Social Services Director has been vacant since June 14, 2019, and WHEREAS, the Board of County Commissioners (BOCC) of Lewis County and the County Manager have agreed to appoint J P Anderson to the position, and WHEREAS, the effective date of this appointment is September 3, 2019 Further the terms of this appointment shall be set forth in the attached contract agreed upon by both parties, and NOW THEREFORE BE IT RESOLVED that the BOCC and County Manager hereby appoint J P Anderson to the position of Public Health & Social Services Director and the County Manager is authorized to sign the employment agreement between Lewis County and J P Anderson on behalf of the Board of County Commissioners Passed in regular session this5O day of September 2019 APPROVED AS TO FORM -BOARD 9 F COUNTY COM SSIONERS Jon- an er, Prosecuting Attorney LEWI OUNTY, WASH GTON O&M /,i „iii 1 Ati' --- :'r Depu IFNI secuting Attorney Robert C Jackson, Chair '5314- p2....t__ ATTEST Gary Sta per, Vice Chair - t-----4" --NIT).-: tfl`SCOUNTJ. ®• C�1��YL�/ / Rieva Lester, Clerk of the Boargi \c�• Edna J Fund Co issioner d,3 in SINCE I 2. e' \c.', 1845 W f/ z. ® * 4 s2- • "' Oit\rs 1st e•� • • • EMPLOYMENT AGREEMENT BETWEEN LEWIS COUNTY AND J P ANDERSON Director of Public Health & Social Services This Agreement is made with effect from September 3, 2019 between Lewis County, a Washington municipal corporation, of 351 NW North Street, Chehalis Washington 98532 (hereinafter referred to as the "County"), and J P Anderson an employee of Lewis County (hereinafter referred to variously as "Mr Anderson" or as the"Employee") RECITALS A The relationship between Lewis County and the appointed head of the County's Department of Public Health& Social Services requires the utmost confidence and trust B The Board of County Commissioners ("BOCC") has adopted resolution 19 p4 appointing J P Anderson as Director of Lewis County's Department of Public Health & Social Services pursuant to the terms of a written Agreement to be executed between the County and Employee C The County and Employee now agree to establish and delineate the terms and conditions of Employee's employment and to that end the parties hereto elect to enter into this Agreement set forth herembelow NOW THEREFORE, in consideration of the mutual covenants and conditions set forth in this agreement,the County and the Employee agree as follows Employment Agreement J P Anderson&Lewis County September 2019 SECTION 1 EMPLOYMENT The County employs J P Anderson, as Director of Public Health& Social Services, to perform such duties as are currently prescribed or may be prescribed by its County Manager, or, exceptionally, by decision of a majority of the County's BOCC Mr Anderson's employment is at-will and may be terminated by the County at any time, with or without cause The Job Description for the position of Director of Public Health & Social Services is attached as Exhibit A and is Incorporated by reference herein, and shall continue in full force unless and until modified by the County in its sole discretion SECTION 2 TERM This Agreement shall be effective beginning the date this Agreement is duly executed by all parties,or on the date of the Resolution referred to in Preamble(B)herein above(whichever is the earlier) It may be terminated in accordance with the provisions hereof at any time, with or without cause SECTION 3 DUTIES OF EMPLOYEE The Employee shall a) diligently perform all duties assigned to him and will, to the best of the Employee's skill and ability devote every possible effort to those duties on a full time basis, b) refrain from in any employment or other activity, whether compensation or non-compensated, that will interfere with his employment with the County, c) observe and abide at all times by the Code of Ethics for mumcipaI officers(RCW 42.23),and the Code of Ethics in Public Service(RCW 42.52 with each reference to the word "State" in such code being deemed to refer to "Lewis County" for purposes of this Agreement) (in each instance as the statute may be amended from time to time), 2 Employment Agreement J P Anderson&Lewis County September 2019 d) comply with the Lewis County harassment policy and complaint procedure, and report immediately to the County Manager or to the Risk & Safety Management Administrator any and all harassment, violations of the policy, and complaints under the policy Additionally, Employee shall immediately report to the County Manager or to the Risk&Safety Management Administrator any and all romantic relationships between Employee and any subordinate employee, e) disclose, pnor to entering into this Agreement, or at such time as the Employee becomes aware of such circumstances,any financial ties that violate the provisions of RCW 42.23,as amended and any violations,financial or otherwise,of RCW 42 52,as amended,with every reference to the term"State" in RCW 42.52 being deemed a reference to"Lewis County" for purposes of this Agreement f) Keep confidential and not disclose, dunng or subsequent to employment with the County, any information that is generally not available to the public concerning the business or affairs of the County which the Employee may have acquired in the course of, or incidental to, his employment with the County The prohibitions of this section shall not apply to any information that is required by law to be divulged and/or is public information under applicable public disclosure laws and leave in place or return immediately upon termination of employment with the County, all property of the County which was provided to or generated by the Employee in the course of, or in connection with, his employment with the County SECTION 4 COMPENSATION a The County shall pay the Employee, as compensation for services a monthly salary as stated in the Lewis County Salary Schedule, as it may be adjusted from time to time, a current copy of which is attached as Exhibit B and mcorporated by reference herein Employee's salary shall be set at Grade 32 Step E of the current Salary Grid The amount of Employee's salary shall be consistent with the Salary Grid as it may be adjusted and adopted 3 Employment Agreement J P Anderson& Lewis County September 2019 b Because the Employee is engaged in a professional and executive capacity and compensated on a predetermined salary basis,his position is exempt from the provisions of the Fair Labor Standards Act and the Washington Minimum Wage Act The County will provide benefits subject to the terms and conditions of the various benefit plans as amended from time to time The County reserves the nght to amend or eliminate any benefit plan Should the Employee separate from employment with Lewis County, all pay outs for annual leave shall be made in accordance with Section 6.2 5 of the County's Employee Handbook, as amended from time to time, and all pay outs for sick leave shall be made in accordance with Section 6.3 7 of the Employee Handbook, as amended from time to time These provisions shall hereinafter apply to all references to "benefits," "annual leave," or "sick pay" in this Agreement Section references in this present 4(b)are to the provisions of the Lewis County Employee Handbook edition of March 12,2018 c Personal Time 1 Personal Time for the Administrators shall be governed by this Agreement, and not by the Personnel Manual 2 Eighty(80)hours of Personal Time will be granted on January 1 of each calendar year In no circumstances shall Personal Time shall carry over from year to year 3 There shall be no restriction on the number of hours of Personal Time that can be requested at any one time, nor is there a time limit for use within a calendar year 4 Employee shall submit his requests for Personal Time to the County Manager, who shall decide whether to grant or deny leave A request for Personal Time shall be subject to the same considerations given to requests for annual leave 4 Employment Agreement J P Anderson&Lewis County September 2019 SECTION 5 REIMBURSEMENT OF EXPENSES Reimbursement for expenses incurred in the performance of Employee's job duties will be made pursuant to the relevant sections of the Employee Handbook, with the provision that access to a County motor pool vehicle cannot be guaranteed SECTION 6 PROFESSIONAL DEVELOPMENT a The County, with pnor approval by the County Manager,may pay reasonable, approved professional dues and subscriptions of the Employee necessary for the Employee's continuing education, growth, and advancement for the benefit of the County b The County may pay reasonable, approved travel and subsistence expenses of the Employee for continuing education courses necessary for the Employee's professional development for the benefit of the County SECTION 7 TERMINATION OF EMPLOYMENT The County may terminate this Agreement at any time, with or without Cause a Employee serves at the will and pleasure of the County, acting by and through the County Manager Termination of employment shall at all times be within the sole and exclusive discretion of the County Manager b Termination of Employee's employment without Cause shall be effective thirty five (35) days after written notice is mailed by certified mail to the Employee,or thirty(30)days after notice of termination is hand-delivered to Employee 5 Employment Agreement J P Anderson &Lewis County September 2019 c Termination of employment may also occur by resignation of the Employee Termination by resignation shall be effective thirty (30) days after wntten notice is mailed or delivered by the Employee to the County Manager If the Employee resigns without giving thirty(30)days' advance written notice,the resignation will be effective immediately In such event Employee shall be entitled to receive only earned pay accrued annual leave and sick pay, and other such salary and benefits already earned by the Employee d The County Manager may,in his/her discretion and without notice,terminate the Employee for Cause, effective immediately For purposes of this Agreement "Cause" shall include dishonesty, fraud, theft or intentional destruction of County property, physical attack upon a fellow employee, being under the influence of alcohol and/or illegal drugs while at work or performing the duties of the Employee's employment, willful malfeasance, misfeasance, or gross negligence in the performance of the Employee's duties violation of any provision of the Municipal Code of Ethics codified at RCW 42.23, as amended,violation of any provision of the Code of Ethics of Public Service codified at RCW 42 52, as amended(with every reference to the"State" being deemed a reference to Lewis County), violation of the harassment policy of the County,violation of the policies of the County applicable to electronic communications, breach of any provision of this Agreement, conviction of a felony, a gross misdemeanor or a misdemeanor (or conviction in another jurisdiction of an offense which, had it occurred in Washington, would be a felony, a gross misdemeanor, or a misdemeanor), or conduct of the Employee outside of work that bnngs public discredit upon Lewis County e All notices required or anticipated by this Agreement may be hand delivered in the case of the County to the County Manager or mailed to either the County Manager at the address listed on the first page of this Agreement All notices required or anticipated by this Agreement may be hand delivered, in the case of Mr Anderson,to him, or they may be mailed to him at the address in his personnel file i Either party may, at any time, provide the other party with a new address in writing for service of notice by mail 6 Employment Agreement J P Anderson& Lewis County September 2019 ii In the case of any such notice provided to the County Manager, a complete copy thereof shall be simultaneously hand delivered to the Prosecuting Attorney or to a Civil Deputy Prosecuting Attorney, or a complete copy thereof shall simultaneously be sent by certified mail and addressed as follows Civil Division Prosecuting Attorney s Office, 345 West Main Street,Floor 2, Chehalis, Washington 98532 SECTION 8 SEVERANCE PAY a If the County Manager discharges the Employee for Cause, or the Employee resigns without giving thirty (30) days' advance wntten notice, the County shall not provide severance pay, however, the Employee shall be entitled to receive earned pay accrued annual leave and sick pay, and other such salary and benefits already earned by the Employee b If the Employee resigns and gives thirty(30)days advance wntten notice to the County Manager,then the Employee shall receive all earned pay, and accrued annual leave and sick pay, and, in addition, shall receive severance pay equal to one(1)month's salary, provided Employee first signs and returns to the Prosecuting Attorney a release(and does not timely revoke, if applicable),such release to be in a form acceptable to the Prosecuting Attorney c If the County Manager discharges the Employee other than for Cause,the Employee shall receive all earned pay, accrued annual leave and sick pay, and, in addition, shall receive severance pay equal to four (4) months' salary including in the calculation of the four (4) months' salary the thirty (30) or thirty five(35)day notice penod referred to in Section 7(b)above provided Employee first signs and returns to the Prosecuting Attorney and does not timely revoke (if applicable) a release, on a form acceptable to the Prosecuting Attorney 7 Employment Agreement J P Anderson&Lewis County September 2019 SECTION 9 DEATH OR DISABILITY If the Employee dies or becomes permanently disabled and unable to perform the work of the position, the employment relationship shall be terminated as of the last day of the month during which death or permanent disability occurs Upon the death or permanent disability of the Employee, neither the Employee nor his or his beneficiaries or estate shall have any further rights against the County except the right to receive a The unpaid portion of salary for the month in which employment ends and accrued, unused annual leave, and the portion of sick pay allowable per the County's Employee Handbook, b reimbursement of any unpaid business expenses, and, c such life insurance,disability,or other insurance benefits(if any)which may be due to the Employee In this Section 9, the term "permanent disability" any situation in which the Employee's health condition has rendered the Employee unable to perform the essential functions of his position with or without reasonable accommodation This definition is not intended to waive the County's duty of accommodation or due inquiry under federal and state laws pertaining to disabilities SECTION 10 INDEMNIFICATION Whenever an action or proceeding for damages or for a civil penalty is brought against the Employee allegedly arising from actions or omissions of the Employee while performing or in good faith purporting to perform his official duties the following provisions shall supplement the provisions of RCW 4 96 041 and Lewis County Resolution 03 042, which are incorporated herein by this reference a Within ten days of receipt of notice of the existence of an action or proceeding for damages, the Employee shall submit a written request to the Risk&Safety Management Administrator under RCW 4 93 041 and Lewis County Resolution 03-042 asking that the County defend and indemnify 8 Employment Agreement J P Anderson& Lewis County September 2019 Employee including his marital community, if applicable The County may elect to deem the Employee's failure to do so to be a waiver of his rights under RCW 4 93 041 b Upon receipt of such a written request from the Employee, the County, by and through the BOCC, shall make a prima facie determination of whether the action or proceeding anses from actions or omissions of the Employee while performing or in good faith purporting to perform his official duties If the finding is in the affirmative the necessary expenses of defending the Employee and his marital community in the action or proceeding shall be paid by the County If the answer is in the negative, no defense shall be provided and no expenses paid by the County c In the event the action or proceeding results in an award of damages against the Employee or his marital community,the County shall indemnify Employee for the damages award,unless the finder of fact determines that the act(s)or omission(s)giving nse to the action or proceeding did not arise from the good faith performance of an official duty d Except as specifically directed by the County through its attorney,the Employee shall neither negotiate or otherwise effect the settlement of such an action or proceeding, nor admit liability on the part of the County or of himself A violation of this provision shall constitute breach of this Agreement and shall result in the denial,cessation, or revocation of defense and/or indemnification e The County shall not be required to defend or indemnify the Employee in criminal proceedings, or in civil proceedings in which the Employee is the plaintiff Nor shall the County be required to indemnify and defend the Employee in actions brought against the Employee by the County(other than derivative actions asserted by third parties on behalf of the County),to the extent the County makes a prima facie finding and/or it is finally adjudicated that the Employee did not act in good faith and in the reasonable belief that the Employee's actions were appropriate in the discharge of the Employee's duties for the County, or to the extent prohibited by law f The obligation to defend and to indemnify set forth in the present Section 10 shall survive termination of this Agreement The Employee agrees to cooperate and participate as necessary to defend an action or 9 Employment Agreement J P Anderson& Lewis County September 2019 proceeding If the Employee is no longer a County employee at the time of such defense, the County shall compensate the Employee at an hourly rate equal to the adjusted hourly rate of the Employee's final salary while employed by the County and in addition,will reimburse the Employee for reasonable travel and lodging expenses directly related to the Employee's participation in said defense SECTION 11 AMENDMENT, AUTHORITY TO AMEND OR TO GIVE NOTICE The terms of this Agreement may not be altered,amended,or otherwise modified except by the express,written consent of the parties Employee acknowledges that only the County Manager from time to time has the authority to give any notice required or anticipated by the Agreement, or to amend or to waive any provision hereof Accordingly, Employee stipulates that he shall at no time assert that any other officer or employee of the County (including any one member of its Board of County Commissioners) has apparent or ostensible authority to amend, modify, or waive any provision of this Agreement or to give any notice required or anticipated by this Agreement SECTION 12 SEVERABILITY If any section or other provision of this Agreement is held to be invalid or unenforceable,the remaining sections or provisions shall remain in full force and effect SECTION 13 ASSIGNMENT OR DELEGATION The Employee may not assign any right,benefit,or interest in this Agreement without the prior written consent of the County, any purported assignment without such consent will be void The Employee may not delegate any obligation imposed upon him by this agreement to any third party without the pnor written consent of the County 10 Employment Agreement J P Anderson&Lewis County September 2019 SECTION 14 BINDING EFFECT This Agreement is for the benefit of, and shall remain binding upon, the respective legal representatives and successors of the parties SECTION 15 INTERPRETATION a The section headings in this Agreement are for reference only and shall not by themselves determine the construction or interpretation of the Agreement b No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted that provision, and this Agreement shall be construed as if jointly prepared by the parties c In this Agreement the singular shall be deemed to embrace the plural and the masculine shall be deemed to embrace the feminine SECTION 16 APPLICABLE LAWS This Agreement is made in Chehalis, Washington It shall be construed in accordance with the laws of the State of Washington(excluding Washington's choice of law rules)and of the Umted States of America Any action to enforce any rights or obligations created by this Agreement or to construe this Agreement shall be brought in the Superior Court of Washington for Cowlitz County in Kelso, or in the United States District Court for the Western District of Washington in Tacoma 11 Employment Agreement J P Anderson&Lewis County September 2019 SECTION 17 WAIVER AND CONSENT Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by the parties hereto or by their authorized representatives SECTION 18 ARBITRATION All disputes between the parties ansing out of or in any way relating to this Agreement may be submitted to voluntary mediation by a mediator mutually agreed upon by the parties, with the expense of the mediator to be shared equally If the disputes are not resolved through this mediation process, they shall be resolved through mediation to be conducted by the Washington Arbitration and Mediation Service in accordance with the WAMS Arbitration Rules, and, if possible,at its Tacoma office The duty of mandatory arbitration shall survive the employer-employee relationship and shall apply to any claim arising or asserted during or after the Employee's employment with the County SECTION 19 VENUE Venue for any legal action or legal proceeding ansing under or in any way relating to this Agreement shall lie exclusively in the Superior Court of Washington for Thurston County, at Olympia, or in the United States District Court for the Western District of Washington, at Tacoma SECTION 20 ENTIRE AGREEMENT This Agreement, including attached Exhibits referenced herein, constitutes the entire agreement between the parties and supersedes all prior oral or written agreements or understandings between the parties with respect to the subject matter of this Agreement Where this Agreement does not address personnel policies and procedures adopted in the Employee Handbook, the Handbook shall be determinative in any dispute 12 Employment Agreement J P Anderson& Lewis County September 2019 Where this Agreement addresses matters not contained in the Handbook, where it may specifically contradict the Handbook, or if any party asserts that an ambiguity exists between this Agreement and the Employee Handbook, it is the express intent of the County and of the Employee that this Agreement shall be determinative SECTION 21 SURVIVAL OF AGREEMENT This Agreement shall be binding upon and inure to the benefit of the parties hereto and all of their respective heirs successors, and(to the extent assignment is permitted by this Agreement)their assigns The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance,cancellation, or termination of this Agreement shall so survive SECTION 22 NOTICES Any notice anticipated by or tendered pursuant to this Agreement shall be sent by Certified Mail to a the parties as specified in Section 7e of this Agreement The notice shall be deemed to be received on the third business day following its mailing Alternatively a notice may be sent to a party by email to an email address used consistently by that party in communicating with the co contracting party Unless the sender receives a notice of non-deliverability,the notice shall be deemed delivered on the day it is sent However, a notice sent by email after 5 00 p.m at the recipient's address or on a Saturday Sunday or public holiday, shall be deemed delivered on the next business day 13 Employment Agreement J P Anderson& Lewis County September 2019 SECTION 23 AGREEMENT READ AND UNDERSTOOD BY EMPLOYEE Employee acknowledges that he has read and understood each and every section and provision of this Agreement Employee further acknowledges that he has had ample opportunity to consult with an attorney of his own choosing before signing this Agreement SIGNED BY THE PARTIES HERETO ON THE DATES NOTED BELOW LEWIS COUNTY Per Erik Martin, County Manager ___‘/467' Date 9/7!i7 J P Anderson . 64,,, KZ- Date q " le\ 14 BpCC AGENDA ITEM SUMMAIY Resolution BOCC Meeting Date. Sep 30, 2019 Suggested Wording for Agenda Item Agenda Type Consent Appointing J P Anderson as the Public Health & Social Services Director Contact Erik Martin Phone: 3607402697 Department: Board of County Commissioners Action Needed Description J P Anderson was selected for the Public Health& Social Services Director position for Lewis County The resolution approves the contract agreement between Lewis County and Mr Anderson Additional Copies Daleyn Coleman,Michelle Sauter, Suzette Smith,Becky Butler,Sue Buckley, Sandi Andrus